EBIT Sample Clauses

EBIT. See definition of Consolidated Earnings Before Interest and Taxes. EBITDA. See definition of Consolidated Earnings Before Interest, Taxes, Depreciation and Amortization.

EBIT. See definition of Consolidated Earnings Before Interest and Taxes. EBITDA. See definition of Consolidated Earnings Before Interest, Taxes, Depreciation and Amortization. Employee Benefit Plan. Any employee benefit plan within the meaning of 3(3) of ERISA maintained or contributed to by any Borrower or any ERISA Affiliate, other than a Multiemployer Plan. Environmental Laws. See 6.16(a).

EBIT. See definition of Consolidated Earnings Before Interest and Taxes. EBITDA. See definition of Consolidated Earnings Before Interest, Taxes, Depreciation and Amortization. Effective Date. The date on which the conditions precedent set forth in Section 10.1 hereof are satisfied and the Majority Banks consent to this Agreement.

EBIT. See definition of Consolidated Earnings Before Interest and Taxes.

EBIT. The term “EBIT” means with respect to any period, the earnings of the BORROWER before interest and tax expenses, and without regard to gains or losses arising from asset sales not in the ordinary course of business, all as determined in accordance with G.A.A.P.

EBIT. Palletech and FIXCOR each will not permit their earnings before interest and taxes to be less than the amounts shown on Schedule 5.1 for the periods indicated on Schedule 5.1.

EBIT. (in accordance with the definition of EBIT as set forth in the Agreement) A. Net earnings of the Company and its Subsidiaries on a Consolidated basis for the calculation period as determined in accordance with GAAP To the extent deducted in the calculation of such net earnings for such calculation period, the sum, without duplication, of the following: B. + Interest Expense and financing costs C. + Provisions for income taxes D. + Extraordinary or nonrecurring noncash charges and expenses (including any impairment charges or write-offs or write-downs with respect to goodwill or other intangible assets and including any noncash restructuring charges) E. + Extraordinary or nonrecurring cash charges and expenses in an aggregate amount not exceeding $50,000,000 after the date of the Agreement F. + Any negative impact on net earnings of the Arbitration Award (including all amounts required to be paid by ▇▇▇▇▇▇▇ under the Arbitration Award), in an aggregate amount not exceeding $500,000,000 G. To the extent included in the calculation of such net earnings for the calculation period, nonrecurring non cash gains and any positive impact on net earnings of the Arbitration Award (including recovery of any amounts required to be paid thereunder), in an aggregate amount not exceeding $500,000,000 (or, if less, the aggregate amount added back in any prior period, without duplication, pursuant to F above) EBITDAR

EBIT. EBIT shall mean OfficeMax’s earnings from continuing operations, excluding the impact of foreign currency exchange rate fluctuation, before interest and taxes adjusted for special items as disclosed and discussed in the earnings release for the Performance Period, as calculated by OfficeMax, consistent with Section 162(m) of the Code, in its sole and complete discretion.

EBIT for any period, with respect to the Borrower and its Subsidiaries, on a consolidated basis, operating income after deduction of all operating expenses for such period other than taxes, Interest Expense, amortization and non-cash charges related to executive compensation programs, all as determined in accordance with GAAP.